I 

112TH CONGRESS 

1ST SESSION H. R. 156 

To impose sanctions on individuals who are complicit in human rights abuses 

committed against nationals of Vietnam or their family members, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2011 

Mr. ROYCE introduced the following bill; which was referred to the Committee 

on Foreign Affairs, and in addition to the Committees on the Judiciary, 

Ways and Means, and Financial Services, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To impose sanctions on individuals who are complicit in 

human rights abuses committed against nationals of 

Vietnam or their family members, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Vietnam Human 

5 Rights Sanctions Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) Vietnam remains a one-party state, ruled 

2 and controlled by the Communist Party of Vietnam, 

3 which continues to deny the right of citizens to 

4 change their government. 

5 (2) Although in recent years the National As6 sembly of Vietnam has on occasion played a role as 

7 a forum for highlighting local concerns, corruption, 

8 and inefficiency, the National Assembly remains sub9 ject to the direction of the Communist Party of Viet10 nam and that party maintains control over the selec11 tion of candidates in national and local elections. 

12 (3) The Government of Vietnam forbids public 

13 challenge to the legitimacy of the one-party state, re14 stricts freedoms of opinion, the press, assembly, and 

15 association, and tightly limits access to the Internet 

16 and telecommunication. Cyberattacks originating 

17 from Vietnam-based servers have disabled dissident 

18 websites and the Government of Vietnam introduced 

19 new restrictions on public internet shops while con20 tinuing to restrict access to numerous overseas and 

21 domestic blogs, news sites, and other websites per22 ceived to carry content critical of the Government of 

23 Vietnam. 

24 (4) The Government of Vietnam continues to 

25 detain, imprison, place under house arrest, convict, 


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1 and otherwise restrict individuals for the peaceful 

2 expression of dissenting political or religious views, 

3 including democracy and human rights activists, 

4 independent trade union leaders, non-state-sanc5 tioned publishers, journalists, bloggers, members of 

6 ethnic minorities, and unsanctioned religious groups. 

7 (5) The Government of Vietnam has also failed 

8 to improve labor rights, continues to harass, arrest, 

9 and imprison workers rights activists, including 

10 Doan Huy Chuong, Do Thi Minh Hanh, and 

11 Nguyen Hoang Quoc Hung, and restricts the right 

12 to organize independently. 

13 (6) The Government of Vietnam continues to 

14 limit freedom of religion, pressure all religious 

15 groups to come under the control of government16 and party-controlled management boards, and re17 strict the operation of independent religious organi18 zations, including the Unified Buddhist Church of 

19 Vietnam and members of unsanctioned Mennonite, 

20 Cao Dai, Theravada Buddhist, and Hoa Hao Bud21 dhist religious groups and independent Protestant 

22 house churches, primarily in the central and north23 ern highlands. Religious leaders who do not conform 

24 to the Government’s demands are often harassed, 

25 arrested, imprisoned, or put under house arrest. 


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1 (7) As noted in the October 2009 report of the 

2 United States Commission on International Reli3 gious Freedom, ‘‘[T]here continue to be far too 

4 many serious abuses and restrictions of religious 

5 freedom in the country. Individuals continue to be 

6 imprisoned or detained for reasons related to their 

7 religious activity or religious freedom advocacy; po8 lice and government officials are not held fully ac9 countable for abuses; independent religious activity 

10 remains illegal; and legal protection for government11 approved religious organizations are both vague and 

12 subject to arbitrary or discriminatory interpretations 

13 based on political factors. In addition, improvements 

14 experienced by some religious communities are not 

15 experienced by others, including the Unified Bud16 dhist Church of Vietnam (UBCV), independent Hoa 

17 Hao, Cao Dai, and Protestant groups, and some eth18 nic minority Protestants and Buddhists. Also, over 

19 the past year, property disputes between the govern20 ment and the Catholic Church in Hanoi led to deten21 tion, threats, harassment, and violence by ‘contract 

22 thugs’ against peaceful prayer vigils and religious 

23 leaders.’’. 

24 (8) Despite reported progress in church open25 ings and legal registrations of religious venues, the 


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1 Government of Vietnam has halted most religious re2 forms since the Department of State lifted the 

3 ‘‘country of particular concern’’ for religious freedom 

4 violations designation for Vietnam in November 

5 2006. 

6 (9) Unregistered ethnic minority Protestant 

7 congregations suffer severe abuses because of actions 

8 by the Government of Vietnam, which have included 

9 forced renunciations of faith, pressure to join gov10 ernment-recognized religious groups, arrest and har11 assment, the withholding of social programs pro12 vided for the general population, destruction of 

13 churches and pagodas, confiscation and destruction 

14 of property, and subjection to severe beatings. 

15 (10) During peaceful Catholic prayer vigils call16 ing for the return of government-confiscated church 

17 properties during 2008 at the Thai Ha Church in 

18 Ha Noi, protestors were dispersed after being har19 assed, some were detained, and some of the church 

20 property was destroyed. Similar incidents happened 

21 at Bau Sen, Loan Ly, and Tam Toa parishes in cen22 tral Vietnam and more recently at Dong Chiem par23 ish in Hanoi, where religious statues and a crucifix 

24 were destroyed and parishioners and clergies were 

25 physically harmed, and at Con Dau parish, where 


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1 police forcibly dispersed a Catholic funeral ceremony 

2 in May 2010 to a cemetery located on disputed land. 

3 Afterwards, police and members of the civilian de4 fense forces arrested and interrogated dozens of Con 

5 Dau parishioners, with one parishioner dying from 

6 injuries sustained during a beating in July 2010 by 

7 civilian defense forces and two women suffered mis8 carriages resulted from police tortures. Catholics 

9 continue to face some restrictions on selection of 

10 clergy, the establishment of seminaries and seminary 

11 candidates, and restrictions on individual cases of 

12 travel and church registration. Dissident clerics such 

13 as Father Phan Van Loi and Father Nguyen Van 

14 Ly are currently under house arrest. 

15 (11) The Unified Buddhist Church of Vietnam 

16 suffers persecution as the Government of Vietnam 

17 continues to restrict contacts and movement of sen18 ior clergy for refusing to join the state-sponsored 

19 Buddhist organizations, the Government restricts ex20 pression and assembly, and the Government con21 tinues to harass and threaten monks, nuns, and 

22 youth leaders of the Unified Buddhist Church of 

23 Vietnam. The Supreme Patriarch of Unified Bud24 dhist Church of Vietnam, Thich Quang Do, is cur25 rently under house arrest. 


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1 (12) The Bat Nha Buddhists monastery in 

2 Lam Dong province was attacked by government 

3 thugs in October 2009. About 400 monks and nuns 

4 were physically abused and forcibly evicted from the 

5 monastery. 

6 (13) The Government of Vietnam continues to 

7 suppress the activities of other religious adherents, 

8 including Cao Dai, Hoa Hao, Mennonites, and 

9 Montagnard Christians belonging to churches that 

10 lack official recognition or have chosen not to affil11 iate with the state-sanctioned groups, including 

12 through the use of detention and imprisonment. 

13 (14) Ethnic minority Hmong in the Northwest 

14 Highlands of Vietnam also suffer restrictions, 

15 abuses, and persecution by the Government of Viet16 nam, and although the Government is now allowing 

17 some Hmong Protestants to organize and conduct 

18 religious activity, some government officials continue 

19 to deny or ignore additional applications for reg20 istration. 

21 (15) The Government of Vietnam controls all 

22 print and electronic media, including access to the 

23 Internet, jams the signals of some foreign radio sta24 tions, including Radio Free Asia, and has detained 

25 and imprisoned individuals who have posted, pubVerDate Mar 15 2010 00:43 Jan 11, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H156.IH H156

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1 lished, sent, or otherwise distributed democracy-re2 lated materials. 

3 (16) People arrested in Vietnam because of 

4 their political or religious affiliations and activities 

5 and charged with vaguely defined national security 

6 crimes are not accorded due process of law. During 

7 the pre-trial investigatory phase of their detention, 

8 religious and political prisoners are often held in9 communicado without access to legal counsel and 

10 family members. They are routinely tortured during 

11 interrogation to force them to confess to crimes they 

12 did not commit or to falsely denounce others. Their 

13 trials are usually closed to international press and 

14 diplomats and members of the public. 

15 (17) Vietnam continues to be a source country 

16 for the commercial sexual exploitation and forced 

17 labor of women and girls and for men and women 

18 legally entering into international labor contracts 

19 who subsequently face conditions of debt bondage or 

20 forced labor, and is a destination country for child 

21 trafficking and continues to have internal human 

22 trafficking. 

23 (18) Congress has passed numerous resolutions 

24 condemning human rights violations in Vietnam, in25 dicating that although there has been an expansion 


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1 of relations with the Government of Vietnam, it 

2 should not be construed as approval of the ongoing 

3 and serious violations of fundamental human rights 

4 in Vietnam, particularly those enshrined in the 

5 International Covenant on Civil and Political Rights, 

6 of which Vietnam is a signatory. 

7 (19) Enhancement of relations between the 

8 United States and Vietnam has provided an oppor9 tunity for a human rights dialogue, but is unlikely 

10 to lead to future progress on human rights issues in 

11 Vietnam unless the United States makes clear that 

12 such progress is an essential prerequisite for further 

13 enhancements in the bilateral relationship. 

14 SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVID15 UALS WHO ARE COMPLICIT IN HUMAN 

16 RIGHTS ABUSES COMMITTED AGAINST NA17 TIONALS OF VIETNAM OR THEIR FAMILY 

18 MEMBERS. 

19 (a) IN GENERAL.—Except as provided in subsection 

20 (d), the President shall impose sanctions described in sub21 section (c) with respect to each individual on the list re22 quired by subsection (b). 

23 (b) LIST OF INDIVIDUALS WHO ARE COMPLICIT IN

24 CERTAIN HUMAN RIGHTS ABUSES.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act, the President 

3 shall submit to the appropriate congressional com4 mittees a list of individuals who are nationals of 

5 Vietnam that the President determines are complicit 

6 in human rights abuses committed against nationals 

7 of Vietnam or their family members, regardless of 

8 whether such abuses occurred in Vietnam. 

9 (2) UPDATES OF LIST.—The President shall 

10 submit to the appropriate congressional committees 

11 an updated list under paragraph (1) as new infor12 mation becomes available and not less frequently 

13 than annually. 

14 (3) PUBLIC AVAILABILITY.—The list required 

15 by paragraph (1) shall be made available to the pub16 lic and posted on the websites of the Department of 

17 the Treasury and the Department of State. 

18 (4) CONSIDERATION OF DATA FROM OTHER

19 COUNTRIES AND NONGOVERNMENTAL ORGANIZA20 TIONS.—In preparing the list required by paragraph 

21 (1), the President shall consider data already ob22 tained by other countries and nongovernmental orga23 nizations, including organizations in Vietnam, that 

24 monitor the human rights abuses of the Government 

25 of Vietnam. 


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1 (c) SANCTIONS DESCRIBED.—The sanctions de2 scribed in this subsection are the following: 

3 (1) PROHIBITION ON ENTRY AND ADMISSION TO

4 THE UNITED STATES.—An individual whose name 

5 appears on the list required by subsection (b)(1) 

6 may not— 

7 (A) be admitted to, enter, or transit 

8 through the United States; 

9 (B) receive any lawful immigration status 

10 in the United States under the immigration 

11 laws, including any relief under the Convention 

12 Against Torture; or 

13 (C) file any application or petition to ob14 tain such admission, entry, or status. 

15 (2) FINANCIAL SANCTIONS.—The President 

16 shall impose sanctions authorized pursuant to sec17 tion 203 of the International Emergency Economic 

18 Powers Act (50 U.S.C. 1702) with respect to an in19 dividual whose name appears on the list required by 

20 subsection (b)(1), including blocking of the property 

21 of, and restricting or prohibiting financial trans22 actions and the exportation and importation of prop23 erty by, the individual. 

24 (d) EXCEPTIONS TO COMPLY WITH INTERNATIONAL

25 AGREEMENTS.—The President may, by regulation, auVerDate Mar 15 2010 00:43 Jan 11, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H156.IH H156

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1 thorize exceptions to the imposition of sanctions under this 

2 section to permit the United States to comply with the 

3 Agreement between the United Nations and the United 

4 States of America regarding the Headquarters of the 

5 United Nations, signed June 26, 1947, and entered into 

6 force November 21, 1947, and other applicable inter7 national agreements. 

8 (e) TERMINATION OF SANCTIONS.—The provisions of 

9 this section shall cease to have force and effect on the date 

10 on which the President determines and certifies to the ap11 propriate congressional committees that the Government 

12 of Vietnam has— 

13 (1) unconditionally released all political pris14 oners; 

15 (2) ceased its practices of violence, unlawful de16 tention, torture, and abuse of citizens of Vietnam 

17 while engaging in peaceful political activity; and 

18 (3) conducted a transparent investigation into 

19 the killings, arrest, and abuse of peaceful political 

20 activists in Vietnam and prosecuted those respon21 sible. 

22 (f) DEFINITIONS.—In this section: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (A) the Committee on Finance, the Com2 mittee on Banking, Housing, and Urban Af3 fairs, and the Committee on Foreign Relations 

4 of the Senate; and 

5 (B) the Committee on Ways and Means, 

6 the Committee on Financial Services, and the 

7 Committee on Foreign Affairs of the House of 

8 Representatives. 

9 (2) CONVENTION AGAINST TORTURE.—The 

10 term ‘‘Convention Against Torture’’ means the 

11 United Nations Convention Against Torture and 

12 Other Cruel, Inhuman or Degrading Treatment or 

13 Punishment, done at New York on December 10, 

14 1984. 

15 (3) IMMIGRATION LAWS; NATIONAL.—The 

16 terms ‘‘immigration laws’’ and ‘‘national’’ have the 

17 meanings given those terms in section 101 of the 

18 Immigration and Nationality Act (8 U.S.C. 1101). 

Æ 


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